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Legislative Assembly for the ACT: 2002 Week 9 Hansard (21 August) . . Page.. 2763 ..


The COMPACT works very well, and is currently up to date with all its reviews. The average turn around time from lodgment to determination is approximately 9 weeks.

(2) How many part heard matters are there in each of these jurisdictions?

(i) Magistrates Court

As at 21 August 2002 there were 324 part heard matters in the criminal jurisdiction of the Magistrates Court, 12 part heard civil matters and 17 part heard Coroners Court matters. The bulk of the Magistrates Court matters relating to criminal offences have been adjourned part heard for sentencing purposes. A number of other matters are being managed under the Court Alcohol and Drug Assessment Service (CADAS).

(ii) Mental Health

The Mental Health Tribunal rarely becomes part heard. At the moment 1 matter has been adjourned pending receipt of a medical report.

(iii) Residential Tenancy Tribunal

There are currently 10 part heard matters.

(iv) Discrimination Tribunal

There are currently 18 part heard matters and of those, 11 are related to the same 2 matters which will be dealt with as one hearing.

(v) Guardianship and Management of Property Tribunal

There are currently no part heard matters.

(3) What is the age of the oldest part heard matter?

(i) Magistrates Court

The Magistrates court computer system used by each of the jurisdiction is not able to produce the information requested. The calculations for the number of part heard matters involved a manual counting from electronic magisterial diary printouts recorded on a charge based rather than an offender based format. A review of the printouts identified the oldest part heard matter as one of a series of unresolved cases relating to David Harrold Eastman that go back as far as 1990.

The calculation of the age of the oldest part heard matter involves a review of each individual file to determine the part heard component.

Usually, part heard matters are adjourned to the next available date for that particular magistrate.

(ii) Mental Health

The one outstanding matter is 10 weeks old. It should also be noted that orders can only last for six months and if a party wishes to seek an extension of the order they must apply to the Tribunal prior to the expiration of the six months.


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